With the hard measure of "growing teeth" to protect cultivated land, the two departments answered reporters' questions on the "Regulations"
A few days ago, Premier Li Keqiang signed Order No. 743 of the State Council, promulgating the revised Regulations for the Implementation of the Land Administration Law of the People's Republic of China (hereinafter referred to as the "Regulations"), which will come into force on September 1, 2021. Recently, the responsible persons of the Ministry of Justice and the Ministry of Natural Resources answered reporters' questions on the relevant issues of the Regulations.
Q: Please briefly introduce the background of the revision of the Regulations.
A: The CPC Central Committee and the State Council attach great importance to land system reform. On the basis of comprehensively summarizing the experience of land expropriation, collective operation construction land entering the market, and pilot reform of the homestead system, the State Council requested the Standing Committee of the National People's Congress to revise and improve the Land Management Law. The revised Land Administration Law came into force on January 1, 2020. In order to enhance the operability of the legal system and ensure that the decision-making and deployment of the Party Central Committee and the State Council on land system reform are in place, it is urgent to comprehensively revise the original Regulations formulated and promulgated by the State Council in 1998.
Under the institutional framework determined by the Land Management Law, the Regulations focus on key issues such as land acquisition, collective operation of construction land entering the market, and homestead management, further refine relevant institutional measures, strengthen the protection of cultivated land, and further clarify institutional boundaries and strengthen legal responsibilities in view of prominent problems such as "non-agriculture", "non-grain" and "cohabitation of villages" against the wishes of farmers in cultivated land. Ensure that the land administration law is fully implemented.
Q: How does the Regulations adopt the hard measures of "growing teeth", implement the strictest protection system for cultivated land, and resolutely curb the "non-agriculture" of cultivated land and prevent "non-grain production"?
A: The Regulations implement the decision-making and deployment of the Party Central Committee and the State Council, strengthen the management and protection of cultivated land, especially permanent basic farmland, and further clarify the institutional boundaries and strengthen legal responsibilities in view of prominent problems such as "non-agriculture" and "non-grain" cultivated land. First, it stipulates that the state shall exercise special protection for cultivated land. Clearly and strictly control the conversion of cultivated land into forest land, grassland, garden land and other agricultural land, and establish a compensation system for cultivated land protection. The second is to stipulate the system of inspection and acceptance of cultivated land. It is clarified that provincial-level people's governments shall organize the competent departments for natural resources and agriculture and rural areas to inspect and accept cultivated land reclaimed by the "balance of occupation and subsidy". The third is to standardize and refine land consolidation. Clarify the relevant requirements and implementation entities for land consolidation plans, and encourage social entities to participate in land consolidation in accordance with law. The fourth is to clarify the main body of responsibility for cultivated land protection. It is stipulated that the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall bear overall responsibility for the protection of cultivated land in their respective administrative regions, and the State Council shall evaluate the implementation of their cultivated land protection responsibility targets. Fifth, strict legal responsibility. The punishment for illegal acts such as destroying cultivated land and refusing to perform land reclamation obligations has been increased, and the punishment provisions for "non-grain" cultivated land have been increased.
Q: On the basis of the Land Administration Law, what details does the Regulations make on the land acquisition system?
A: In order to protect the legitimate rights and interests of peasants whose land has been expropriated, the Regulations have further enriched and improved the land expropriation system: First, the expropriation procedures have been refined. Increase the pre-announcement system for land expropriation, and clarify the requirements for land status investigation and social stability risk assessment; After the application for land expropriation is approved, the local people's government shall issue a land expropriation announcement, announce the scope and time of expropriation, and other specific work arrangements, and make a decision on compensation and resettlement for land requisition for individual cases where an agreement on compensation and resettlement for land requisition has not been reached, and organize its implementation in accordance with law. The second is to standardize the expropriation of compensation. It stipulates that local people's governments shall implement land compensation fees and other relevant expenses, ensure that the full amount is in place, earmarked for specific purposes, and must not approve the expropriation of land if the relevant fees are not fully in place. Clarify the distribution methods for provinces, autonomous regions, and municipalities directly under the Central Government to formulate land compensation fees and resettlement subsidies. The third is to strengthen risk management and control. Clearly take social stability risk assessment as an important basis for applying for land expropriation, and make provisions on risk prevention measures and disposal plans. The fourth is to guarantee the right to know, participate and supervise the peasants whose land has been expropriated. It is required that the social stability risk assessment should involve the participation of the rural collective economic organization whose land has been expropriated and its members, villagers' committees and other stakeholders; Where the majority of members of rural collective economic organizations whose land has been expropriated find that the proposed expropriation compensation and resettlement plan does not comply with laws and regulations, the local people's government at the county level or above shall organize a hearing.
Q: What provisions does the Regulations make on the protection of the legitimate rights and interests of peasant homesteads?
A: The "Regulations" only add and not subtract on issues directly related to the interests of farmers, such as homestead management, and make restrictive provisions on conspicuous problems such as going against the will of farmers in "living together villages". The first is to ensure the reasonable homestead needs of farmers. Local people's governments at or above the county level are required to arrange construction land targets in accordance with national regulations, and reasonably guarantee the demand for peasant homesteads in their respective administrative regions. City, county, township (town) land spatial planning and village planning should scientifically delineate the scope of homesteads. The second is to standardize the management of homesteads. Clarify homestead application, review and approval procedures; Homesteads voluntarily and compensated by peasants in accordance with the law shall be given priority to ensuring the homestead needs of the members of the rural collective economic organization. Third, it is forbidden to infringe upon the rights and interests of homesteads acquired by peasants in accordance with the law. It is expressly forbidden to forcibly transfer homesteads against the will of peasants, to illegally recover homesteads acquired by peasants in accordance with law, to make the withdrawal of homesteads a condition for peasants to settle in cities, and to forcibly relocate peasants to quit homesteads.
Q: On the basis of the Land Administration Law, what details does the Regulations make on the system of "entering the market" for construction land for collective operation?
A: Improving the system of "entering the market" for construction land for collective operation is of great significance to establishing and improving the unified urban and rural construction land market. The Regulations have been further refined in the following aspects: First, strengthen planning control. It is clarified that territorial spatial planning shall make overall plans and rational arrangements for the layout and use of collectively operated construction land, and the competent departments for natural resources shall put forward planning conditions on the basis of territorial spatial planning, clarify the boundaries, area, use, and intensity of development and construction of land "entering the market", and put forward requirements for industrial access and ecological environmental protection in conjunction with relevant departments. The second is to clarify the trading rules. It stipulates that the corresponding plan for the "entry of land" into the market shall be prepared, and the two parties shall sign a written contract and report it to the competent department of natural resources for the record; The land user shall pay the land price in a timely manner and pay relevant taxes and fees in accordance with law; Where the right to the use of the land "entering the market" is re-transferred, a written contract shall be signed and the land owner notified in writing.
Q: What provisions does the Regulations make in optimizing the approval procedures for land use?
A: The Regulations implement the spirit of the State Council's reform on land use examination and approval, and optimize the approval system for agricultural conversion. The first is to reduce the level of approval. It stipulates that the people's governments of cities and counties shall organize natural resources departments to draw up plans for the conversion of agricultural land and submit them to the people's governments with the power of approval for approval, and delete the provisions of the existing regulations on "grading" reporting for approval. The second is to simplify the approval materials. The original "one book and four plans" (construction land submission and agricultural land conversion plan, supplementary cultivated land plan, land acquisition plan and land supply plan) were merged and adjusted, integrated into agricultural land conversion plan and land expropriation application, and the content of agricultural land conversion plan was clarified. The third is to consolidate examination and approval matters. Jointly handle the pre-examination and site selection opinions of separate site selection construction projects.
Q: What provisions does the Regulations make on the management of construction land?
A: In order to improve the level of economical and intensive land utilization and ensure the sustainable use of land, the Regulations make the following provisions on the management of construction land: First, clarify the requirements for construction land. Where provision is made for the use of land for construction, it shall comply with the requirements of land spatial planning, annual land use plans, and use control, strictly implement standards for construction land, and employ effective measures to prevent and reduce soil pollution. Second, strict management of land use plans. People's governments at all levels are required to strengthen the management of land use plans, implement total construction land control, and the competent departments for natural resources of local people's governments at or above the county level shall announce to the public the total annual supply of construction land, structure, timing, plots, uses, etc., to stabilize social expectations. The third is to improve the regulations on temporary land use. It is stipulated that the term of temporary land use shall generally not exceed two years, and the period of temporary land use for energy, transportation, water conservancy and other infrastructure construction with a long construction period shall not exceed four years.
by Gao Wen, reporter of China Agricultural Network
Original title: Focus on land reform and strengthen legal responsibility
Source: Farmer's Daily
keyword: With the hard measure of "growing teeth" to protect cultivated land, the two departments answered reporters' questions on the "Regulations"